[Wikipedia-l] RE: [Wikitech-l] Copyright Schmopyright

[Alex R.]

Erik,

If it was originally a AP photo then perhaps they have copyright. Wikipedia
does not have any personality right release for that women. If AP acquired
that photo they might not have a release because it was taken during
a pro-Stalin demonstration that was a public newsworthy event, now
however, long after that event she has privacy rights to be respected.
News gathering standards are not the same for photos that are used
for other purposes.

Of course getting sued in a California (or Federal court in any federal
district as the plaintiff would be a foreign national) by a Russian citizen
is highly unlikely, but this is exactly the kind of thing that due
dilligence
is designed to prevent, these nagging questions that are hard to resolve.
That is why the chain of title is so important in any work that is released
for public distribution outside of the open source, on line Wikipedia
environment.  For photos of individuals you need to get a release from
that person, the personality rights thing is independent of any copyright
issue.
Alex756

----- Original Message ----- 
From: "Erik Moeller" <erik_moeller at gmx.de>
To: <wikipedia-l at wikipedia.org>
Sent: Wednesday, August 13, 2003 6:22 PM
Subject: Re: [Wikipedia-l] RE: [Wikitech-l] Copyright Schmopyright


> Alex-
>
> > I have wondered the same thing when noting that some images are
> > fair use. I saw one image on the [[Stalin]] page and it clearly cannot
> > be reproduced as it features the image of a Russian woman whose
> > identity can clearly be surmised.
>
> How is our use different from that by the original source (looks like an
> AP or Reuters photo to me)? I would vote for its deletion on the grounds
> that it provides no source credit and was uploaded by a known troll, but
> the personal rights issue seems questionable to me.
>
> Regards,
>
> Erik
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